A. Since misunderstanding of facts and misunderstanding of legal principles are adults who are not children or juveniles who have shown video products that the Defendant had customers view at adult telephone, the court below convicted the Defendant by applying the Act, despite the fact that the Act on the Protection of Children and Juveniles against Sexual Abuse cannot be applied, the court below erred by misunderstanding of facts and misunderstanding of legal principles which affected

B. The sentence imposed by the lower court (a fine of three million won) and the duty to submit personal information, which the lower court rendered, are too unreasonable.

2. Determination

A. Considering the determination of misconception of facts and misapprehension of legal principles, Article 2 subparagraph 1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 11572, Dec. 18, 2012; hereinafter “former Act”), which was applied at the time of the instant crime, provides that “child or youth” means a person under 19 years of age: Provided, That a person against January 1 of the year in which he/she reaches the age of 19 shall be excluded; “child or youth pornography” in subparagraph 5 of the same Article refers to a person or representations that may be perceived as a child, youth, or child or youth appearing and a person or expression that may be perceived as a child or youth and, in whole or in part, similar sexual intercourses using the body, such as the mouth and mouth, or implements, which may cause sexual humiliation or aversion of the general public, acts falling under any of his/her act, or an expression or expression of a given act in the form of a computer or film, or an expression of its contents in the form of a video or game;